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  1. #21  
    Wait a second hear. Did you read the license agreement?
    No, I did not read your license agreement. That is exactly the point.

    I will bet that no one else who bought WirelessModem read it either. It will probably serve you well now after the fact, but truth is the damage is already done.

    I am a software developer as well and I would never rely on soley on my license agreement to protect myself.



    John
  2.    #22  
    Originally posted by sgruby


    Hatoncat,

    Are you an attorney? WirelessModem consists of a Treo application and the driver. It does not say anything in the license agreement about Mac vs. Treo pieces.

    I realize that you're trying to provide a service to the community, but suggest you take down your pages. My attorney has been contacted about this matter. While the license agreement may be open to interpretation, what you are doing is promoting people from not paying me for my hard work. The Mac driver didn't create itself and was designed to work with the Treo component.
    Actually, the licenese agreement does make a distinction, because it makes reference to the application with a time limit on it. Since the driver has no enforced (or uninforced) time limit on it, it can be considered not part of the purchased software.

    In either case, the driver has a legitimate use outside of the WirelessModem software, and that isn't my fault, I have done nothing wrong.

    Honestly, if I were you, I would update the driver, improve it a little, and sell it at a reduced price, as WirelessModem serves little use to Treo 600 owners.
    PhoneNews.com - Complete Wireless Industry Coverage
    ChristopherPrice.net
  3. #23  
    Originally posted by johnbdh


    No, I did not read your license agreement. That is exactly the point.

    I will bet that no one else who bought WirelessModem read it either. It will probably serve you well now after the fact, but truth is the damage is already done.

    I am a software developer as well and I would never rely on soley on my license agreement to protect myself.



    John
    The person that posted instructions saying the the driver was free should have read the instructions. I am working on adding protections to the driver and hope to put it back soon. At the time the driver was developed, I didn't have to worry about protecting it. Oh well, I guess I have to go back to work and add the protection instead of adding features and improvements. Looks like the consumer loses again because of piracy.
  4. AJB
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    #24  
    Guys, can I implore you not to battle it out here?

    hatoncat, I think most of us appreciate your efforts. Even if it wasn't clear to you to start with, sgruby has clearly stated the intention. I can understand why he came out with guns blazing. It's a lot of his work. I can understand your defensiveness too. I don't doubt you weren't deliberately trying to violate a license.

    As a very early purchaser of NotifyMail (gee - was it system 7?) I'd love to see Scott continue to develop more apps.

    Scott, would you consider licensing the driver as a separate product?

    Also as a driver timeout model, the WLAN one is pretty good. Unlicensed works for 30min after boot.

    Cheers all,

    AJB
    Last edited by AJB; 11/29/2003 at 07:54 PM.
    Q: How do you make God laugh?
    A: Tell Him your plans :-)
  5. #25  
    anyone want to buy a gallon of air?

    You shouldn't be charging for this stuff... its bad enough that you have to pay for the service with your carrier(extra for data usage as a modem) then pay for some software because you are a jack a$$?
  6. #26  
    Originally posted by AJB
    Guys, can I implore you not to battle it out here?

    hatoncat, I think most of us appreciate your efforts. Even if it wasn't clear to you to start with, sgruby has clearly stated the intention. I can understand why he came out with guns blazing. It's a lot of his work.

    As a very early purchaser of NotifyMail (gee - was if system 7?) I'd love to see Scott continue to develop more apps.

    Scott, would you consider licensing the driver as a separate product?

    Also as a driver timeout model, the WLAN one is pretty good. Unlicensed works for 30min after boot.

    Cheers all,

    AJB
    You can license the driver by purchasing the software. Pretty simple, huh? :-) I am pursuing some different means for protecting the driver. However, it will take a little while to come up with something that works well.

    I'm done battling hatoncat here as I've contacted my attorney and will pursue any and all legal avenues open to me to protect my software. As I understand it, hatoncat, aka. Christopher Price of Chico, California, is not an attorney (hard to become an attorney at 18 or 19 years old).
  7.    #27  
    Originally posted by sgruby


    You can license the driver by purchasing the software. Pretty simple, huh? :-) I am pursuing some different means for protecting the driver. However, it will take a little while to come up with something that works well.

    I'm done battling hatoncat here as I've contacted my attorney and will pursue any and all legal avenues open to me to protect my software. As I understand it, hatoncat, aka. Christopher Price of Chico, California, is not an attorney (hard to become an attorney at 18 or 19 years old).
    I don't think posting my personal information in an attempt to slander me would advisable action by anyone, law degree or not. It just makes you look bad.

    I have nothing to hide, that's why I don't mask the WHOIS info on my site.
    PhoneNews.com - Complete Wireless Industry Coverage
    ChristopherPrice.net
  8. #28  
    Originally posted by hatoncat


    I don't think posting my personal information in an attempt to slander me would not advisable action by anyone, law degree or not. It just makes you look bad.

    I have nothing to hide, that's why I don't mask the WHOIS info on my site.
    How can posting publicly available information be slander? FYI, here are 2 definitions that might help you:

    libel: A false publication, as in writing, print, signs, or pictures, that damages a person's reputation.

    The act of presenting such material to the public.


    The written claims presented by a plaintiff in an action at admiralty law or to an ecclesiastical court.

    slander: Law. Oral communication of false statements injurious to a person's reputation.

    A false and malicious statement or report about someone.


    Nothing I have said is false, so it wouldn't fall under either of those definitions.


    I wish that you could understand how much time, effort, and money was put into developing my software and that you are depriving me of my livelyhood. I am a self employed software developer and your actions are causing me harm. I hope that you reconsider your posting and remove your instructions.
  9. #29  
    Originally posted by sgruby


    The person that posted instructions saying the the driver was free should have read the instructions. I am working on adding protections to the driver and hope to put it back soon. At the time the driver was developed, I didn't have to worry about protecting it. Oh well, I guess I have to go back to work and add the protection instead of adding features and improvements. Looks like the consumer loses again because of piracy.
    oh, puh-lease, Scott! Give us a break! This is definitely a gray area, especially since you do not SPECIFICALLY disclaim use of the driver for uses outside of the 21 day evaluation of your application. So tone down the rhetoric, wouldya?

    p.s.- any lawyer worth his salt would have advised you not to discuss this matter in an open forum such as this thread. (That is, assuming you even contacted one in the first place.)
  10.    #30  
    Originally posted by sgruby


    How can posting publicly available information be slander?
    Then why bother publishing it on this forum in the first place?

    Tomorrow on Fox: When Shareware Authors Attack!

    Edit: BTW, since you edited your post to define what the dictionary considers slander, it could quite easily be considered publishing my personal info, reguardless of how accessible it is, to be malicious, so it can be considered slander, and I advise you to stop now.
    PhoneNews.com - Complete Wireless Industry Coverage
    ChristopherPrice.net
  11. #31  
    This guy is having a really ****ty day because everyone just found out that he had been charging $37.50 for some crappy software that should be offered as free...
  12. #32  
    this guy probably sits infront of his computer all day and doesn't want to get a real job... thats why he is defending his overpriced software.
  13. AJB
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    #33  
    Originally posted by TurtleKid
    This guy is having a really ****ty day because everyone just found out that he had been charging $37.50 for some crappy software that should be offered as free...
    TurtleKid, you are already acting like the last part of your name. Do us a favour and add the turtle part. Pull your head in.

    To assert that driver software is crappy, and that it should be free, shows that you have never written any, and have no appreciation for the work involved. (please post a link to all the free software you have authored and prove me wrong).

    While I love free software, and appreciate those who write it, I am under no delusions that the world owes me a living. Nor that any software author should be made to give away the fruit of their labour because others feel it should be "offered as free"

    AJB
    Q: How do you make God laugh?
    A: Tell Him your plans :-)
  14. #34  
    p.s.- any lawyer worth his salt would have advised you not to discuss this matter in an open forum such as this thread. (That is, assuming you even contacted one in the first place.)

    p.p.s.- in addition, any lawyer would have also advised you not to publicly post personal information (such as their name of place of residence) about someone else without making 100% that your information is accurate, and that the person in question is not a minor, since either case could be a serious violation of applicable law.
  15. #35  
    Originally posted by AJB


    TurtleKid, you are already acting like the last part of your name. Do us a favour and add the turtle part. Pull your head in.

    To assert that driver software is crappy, and that it should be free, shows that you have never written any, and have no appreciation for the work involved. (please post a link to all the free software you have authored and prove me wrong).

    While I love free software, and appreciate those who write it, I am under no delusions that the world owes me a living. Nor that any software author should be made to give away the fruit of their labour because others feel it should be "offered as free"

    AJB
    I am a PHP web designer... Not a software programer

    edit: and $30 something is just way too much for something of this type... i could justify $20
  16. #36  
    Yunno Scott it might have been advisable to have contacted the moderators of this board and asked them to kill the link to hatoncat's instructions. Then you could have politely explained your position and asked him to refrain from further posting that you feel violate your license agreement.

    Also I might suggest you rewrite your license agreement, with the help of your frequently aforementioned attorney and add some specifics to it regarding the different parts of the software you have authored (i.e. the driver).

    I would agree with others this is an unlikely venue for a legal battle and it would be best advised to find another forum.

    As my grandmonther used to say, you get a lot more bees with honey than vinegar. I am sure hatoncat would have agreed to your request if it had been delivered with less vitriol.


    Woof
    “There are four boxes to be used in defense of liberty: soap, ballot, jury, and ammo. Please use in that order.”
    — Ed Howdershelt
    "A government big enough to give you everything you want, is big enough to take away everything you have."- Thomas Jefferson
  17. AJB
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    #37  
    Originally posted by TurtleKid
    I am a PHP web designer... Not a software programer
    Indeed. And if you had ever written driver level code, you wouldn't be shooting your mouth off. I have. It's not trivial.

    There are several orders of magnitude difference between customising post-nuke and writing device drivers.

    edit: and $30 something is just way too much for something of this type... i could justify $20
    Fine. If it is not worth that much to you, don't buy it, but for goodness sake stop whining that you should be entitled to it for free.
    Q: How do you make God laugh?
    A: Tell Him your plans :-)
  18. #38  
    fine. I will agree with you there. I have never writen a driver and i am sure its not easy...
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    #39  
    The first run-in with sgruby for me was when he impulsively pulled his Wireless modem off the market and whined about how mean everybody was being to him when they couldn't get it to work and actually had the audacity to ask for support.

    Can you imagine?

    Never have I seen such a thin skinned, cranky developer.

    I deleted all traces of his product (which truthfully was pretty slow anyway) and never looked back.

    I'm now a happy customer of PDAnet by June Fabrics and have an easy RELIABLE net connection for my laptop.

    Perhaps sgruby should consider a line of work a little further removed from technical and legal matters as he seems to have difficulty with both.

    -bostonguy
  20. AJB
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    #40  
    Originally posted by TurtleKid
    fine. I will agree with you there. I have never writen a driver and i am sure its not easy...
    I'm impressed. Many would have dug in rather than acknowledge this. Kudos to you.
    Q: How do you make God laugh?
    A: Tell Him your plans :-)
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